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Jersey Law Reports
You are here: BAILII >> Databases >> Jersey Law Reports >> Benest v Le Maistre [1998] JLR 213 (09 July 1998)
URL: http://www.bailii.org/je/cases/JLR/1998/JLR980213.html
Cite as: [1998] JLR 213

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Benest v Le Maistre 1998 JLR 213 (09 July 1998)


Civil Procedure-imprisonment for debt-acte a peine de prison discretionary and unlikely to be made if debtor unable to pay and trying to make payment in good faith-if creditor makes prima facie case for order, burden shifts to debtor to show why should not be made-discharge possible if, e.g. debtor shows material change of circumstances-debtor may be released even if cession refused or not applied for--court, not creditor, to decide if and when debtor imprisoned

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URL: http://www.bailii.org/je/cases/JLR/1998/JLR980213.html